State ex rel. Larimer v. Chariton Telephone Co.
Supreme Court of Iowa
Appeal from Lucas District Court. — F. M. Hunter, Judge. Action to oust the defendant company and its poles and wires from the streets, alleys and public places of the city of Chariton. The demurrer of the defendant to the petition was sustained. Plaintiff elected to stand upon the petition, and judgment was entered against the plaintiff. Plaintiff appeals.
1Opinion of the CourtDeemer, J.
1. Estoppel : equitable estoppel: void act as basis. This case was submitted with State of Iowa ex rel. Shaver v. Iowa Telephone Company, 175 Iowa .. (Apr. 7, 1916). The issues are substantially the same as in that ease, except that plaintiff relies upon an ordinance of the city of Chariton, and the defendant does 7 uot rely upon laches and one or two other defenses interposed in the other case.
Chariton is an incorporated city of the second class; and, in 1894, passed an ordinance granting to the defendant company the right to erect, maintain and use poles in the streets of the city for…
2Cases cited4 opinions
- Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
- Chamberlain v. Iowa Telephone Co.Supreme Court of Iowa · 1903
- Western Union Tel. Co. v. City of VisaliaCalifornia Supreme Court · 1906
- City of Kenosha v. Kenosha Home Telephone Co.Wisconsin Supreme Court · 1912
3Cited by10 opinions
- Southern Bell Telephone & Telegraph Co. v. City of MeridianMississippi Supreme Court · 1961
- Doyle v. WillcocksonSupreme Court of Iowa · 1918
- City of Cherokee v. Northwestern Bell Telephone Co.Supreme Court of Iowa · 1925
- Town of Williams, Inc. v. Iowa Falls Electric Co.Supreme Court of Iowa · 1919
- City of Emmetsburg v. Central Iowa Telephone Co.Supreme Court of Iowa · 1959
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